Council MIN 05-18-2010 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
CITY COUNCIL
MAY 18, 2010 - 7:00 PM
www. cityoffederalway. com
CALL MEETING TO ORDER
Mayor Kochmar called the regular meeting to order at 7:04 p.m.
Councilmembers Present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jim Ferrell, Mike Park and Roger Freeman.
Mayor Kochmar excused Councilmembers Jack Dovey and Jeanne Burbidge.
Staff Present: Police Chief/City Manager Brian Wilson, City Attorney Pat Richardson and
Deputy City Clerk Krystal Roe.
2. PLEDGE OF ALLEGIANCE
Arts Commissioner Maureen Hathaway's grandson led the pledge of allegiance.
3. PRESENTATIONS
a. City Manager Emerging Issues / Introduction of New Employees:
There were no emerging issues or employees to introduce.
b. Certificates of Appointment: Parks and Recreation Commission
Councilmember Freeman announced the names of the re-appointed Arts Commissioners
and presented a certificate of appointment to Marie Sciacqua; certificates will be mailed to
the Commissioners not present.
c. Proclamation: EMS Week May 16-22
Councilmember Park read the proclamation into the record and presented it to South King
Fire & Rescue Commissioner Bill Gates and Assistant Chief Ed Plumlee.
d. Proclamation: JR Celski Day (Followed by a Brief Reception)
Mayor Kochmar first recognized Mike and Kay Pattison of Pattison's West and presented
them with a Mayoral Certificate of Recognition honoring their facility's contributions to the
careers of Apollo Ohno and J.R. Celski. Mr. Pattison thanked the City for the recognition
and remarked on J.R.'s early years and his excitement while watching J.R. compete in
Vancouver's Olympic Games.
Next, Mayor Kochmar proclaimed May 18, 2010 "J.R. Celski Day in Federal Wa�' and
presented him with a proclamation signed by the City Council. J.R. expressed his pleasure
in having a whole day to himself and his appreciation for the recognition. He also stated
how proud he is to be a citizen of Federal Way.
Sue and Bob Celski addressed the Council and thanked their family and friends for their
support and encouragement. They also shared how proud they are of their son.
The meeting recessed at 7:27 p.m. for a reception to honor J.R. and his family. A large
crowd of fans greeted the Olympian, posed for photographs with him and received
autographs. At 7:45 p.m. Mayor Kochmar resumed the Council meeting and remarked
how nicely the event brought the community together.
Mayor Kochmar took a moment to recognize the presence of Hope Elder in the audience
and thanked her for attending.
4. CITIZEN COMMENT
Mayor Kochmar announced public comment would be open at two places in the agenda. First
under regular citizen comment and then after the presentation by the Twin Development
regarding the Symphony Development.
Matthew Jarvis shared his idea for improving Federal Way by requiring/encouraging city
employees to provide two paid hours of community volunteer work each month.
Tim Burns asked that his comments opposing Arizona's SB1070 be read into the record.
Deputy City Clerk Roe read his letter into the record.
5. CONSENT AGENDA
a. Minutes: May 4, 2010 Special and Regular Meetings - PASSED
b. CB 534 Proposed Franchise Agreement with Verizon Wireless - PASSED
c. CB 535 Proposed Amendment to Franchise Agreement with Clearwire - PASSED
d. CB 536 Proposed Extension of Franchise with Tacoma Public Utilities - PASSED
e. CB 537 Timing of Payments for Open Space Fee-in-lieu, Regional Stormwater Facility
Fee, and Transportation Impact Fee - PASSED
f. CB 538 Amendment to Exhibit A to the City Center Planned Action Ordinance - PASSED
g. Pacific Highway South HOV Lanes Phase III — Project Acceptance - PASSED
h. DSHS Interlocal Agreement for Respite Care — Recreation Services - PASSED
i. First Amendment to Landscaping Services at Federal Way Community Center - PASSED
j. Rush Commercial Construction - Retainage Release - PASSED
MOTION: Deputy Mayor Duclos moved approval of the Consent Agenda.
Councilmember Ferrell second.
VOTE: Motion carried 5— 0; Councilmembers Burbidge & Dovey excused.
6. COUNCIL BUSINESS
a. Process of Potential Assignment of Purchase and Sale Agreement for former AMC
Theater Site
Economic Development Director Patrick Doherty introduced potential developers Twin
Development, LLC. Steve Smith, the company's Principal, shared his team's initial
concept for the project and noted the major differences between the previous project and
their preliminary proposal.
Council discussed the basic design proposals and inquired about the features. In
summary, Twin Development stated the project has been condensed into three buildings
City Council Minutes May 18, 2010 Regular Meeting Page 2 of 4
to enlarge the open space, increased the heights of two towers to 45 floors and the third to
25 floors. The project proposal includes retail and office space at ground level with a total
of 550 condominiums and 150 hotel rooms.
Mr. Doherty shared the project timeline and stated an agreement needs to be executed
with the developer by September 30, 2010 based on prior Council action regarding the
Symphony Project contract extensions.
Mr. Smith requested the contract be fully executed at the June 1, 2010 Council meeting.
b. Rabago McCord Settlement
City Attorney Richardson shared the background of the claim and the efforts to resolve it
through mediation. Staff recommends approval of the proposed settlement.
MOTION: Councilmember Park moved to approve the settlement regarding Nancee
Rabago and Michael McCord. Deputy Mayor Duclos second.
VOTE: Motion carried 5— 0; Councilmembers Burbidge & Dovey excused.
c. Suspend Council Rules to Cancel August 17 City Council Meeting
City Attorney Richardson explained the second meeting in August has traditionally been
cancelled.
MOTION: Councilmember Ferrell moved to suspend the Council Rules of Procedure
for the purpose of cancelling the August 17, 2010 City Council Regular Meeting.
Deputy Mayor Ductos second.
VOTE: Motion carried 5— 0; Councilmembers Burbidge & Dovey excused.
7. INTRODUCTION / FIRST READING OF ORDINANCES
a. CB 539 Amendments to FWRC Title 18 "Subdivisions" and Title 19 "Zoning and
Development Code"
An Ordinance of the City of Federal Way, Washington, relating to Subdivision
Improvements amending FWRC section 18. 60.050 Streets and Right-of-Way and adding
a new section to FWRC 19.135 amending Ord. No. 09-630, Ord. No. 07-554, Ord. No. 98-
330, Ord. No. 97-291 and Ord. No. 90-41.
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading
and approval at the June 1, 2010 Council Meeting. Councilmember Freeman
second.
VOTE: Motion carried 5— 0; Councilmembers Burbidge & Dovey excused.
b. CB 540 Amendments to FWRC Title 9"Animals"
An Ordinance of the City of Federal Way, Washington, relating to animal Services,
specifically, Title 9, "Animals, "of the Federal Way Revised Code; amending Chapters 9.05
and 9.25FWRC, repealing Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40 and 9.45 FWRC
and creating new Chapters 9.09 and 9.18 FWRC.
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Councilmember Freeman moved to forward the ordinance to second
reading and approval at the June 1, 2010 Council Meeting. Deputy Mayor Duclos
second.
Ciry Council Minutes May 18, 2010 Regular Meeting Page 3 of 4
VOTE: Motion carried 5— 0; Councilmembers Burbidge & Dovey excused.
8. COUNCIL REPORTS
Councilmember Ferrell did not provide a report.
Councilmember Freeman remarked on the success of the inaugural Martin Luther King, Jr.
meeting held last week. The next meeting will be in June on a date to be later announced.
Councilmember Park shared he had an opportunity to preview the regional tibrary. He stated
the facility is very nice and is a wonderful place for the citizens to enjoy. The grand opening
wilt be June 5. He announced the next meeting of the Finance, Economic Development &
Regional Affairs Committee on May 25 at 5:30 p.m. and the Regional Law Justice Committee
meeting on May 27.
Deputy Mayor Duclos did not provide a report.
Mayor Kochmarthanked stafffortheir hard work to bring togetherthe reception forJ.R. Celski
with such success. She announced the May 19, 2010 Suburban Cities meeting/dinner.
9. CITY MANAGER REPORT
City Manager Wilson announced:
• The Council dais would be modified during the summer break to accommodate the
City's new mayor/form of government.
• A deficit of $4.5 million for the 2011/2012 budget is currently projected (11% of the
operational budget). The deficit will result in a reduction of full time employees and
reduced service levels. The Management Team is exploring ways to balance the
2011/2012 budget while remaining focused on long-range planning into 2016.
• A coatition of staff members including non-represented employees, labor partners and
managers has formed to explore options to reduce medical insurance costs. It is
projected that medical insurance costs will rise 10% in 2011 and 2012.
• Council would be adjourning to executive session to pursuant to RCW 42.30.110(1)(i)
and RCW 42.30.110(1)(i) for approximately 20 minutes.
10. EXECUTIVE SESSION
The Council adjourned to executive session at 9:04 pm for approximately 20 minutes to
discuss potential litigation pursuant to RCW 42.30.110(1)(i) and property acquisition pursuant
to RCW 42.30.110(1)(i). The Council adjourned from executive session at 9:16 pm.
11. ADJOURNMENT
With no further business before the Council, Mayor Kochmar adjourned the meeting at 9:16
p.m.
ttest:
Krysta , Deputy City Clerk
Approved by Council: June 1, 2010
City Council Minutes May 18, 2010 Regular Meeting Page 4 of 4